Dugger+v.+Sprouse

 **DUGGER v. SPROUSE et al. ** 45134.  **Supreme Court of Georgia. ** Decided February 4, 1988. **Background ** A suit was filed by a student, appellant Darin Dugger, for injuries he received when he was thrown from the back of a pickup truck while delivering wrestling mats from one county school to another. The appellee's motion for summary judgment, based upon the defense of sovereign immunity, was granted.

 If insurance coverage is obtained by a government entity, then the government entity (the county in this case) waives its sovereign immunity to the extent of such insurance coverage. However, where the plain terms of the policy provide that there is no coverage for the particular claim, the policy does not create a waiver of sovereign immunity as to that claim. Here the trial court found that the policy did not provide coverage for the appellant's claim. Where there is no insurance coverage, there is no waiver of sovereign immunity.  It is important for there to be some kind of insurance policy in tact to protect both the student and the school in the event of an accident involving school property and the student. If there is no insurance policy in place, students and/or student’s parents should sign a waiver that states they will not sue the school in the event of an accident whether by fault of the student or the school or severity of the accident. ** Quiz Question ** <span style="background: white; line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">What effect can the lack of a waiver play in the event of an accident that involves a school and students? <span style="background: white; line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Submitted by Sandra Crum and Alex Mathis <span style="background: white; line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Decision **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Impact on Education **